Jailhouse informer testimony at issue in Rams trial

When the John Rams Jr murder trial resumes today in Barnstable Superior Court, the judge is expected to rule on whether a key jailhouse informant may testify.

GEORGE BRENNAN

BARNSTABLE — When the John Rams Jr. murder trial resumes today in Barnstable Superior Court, the judge is expected to rule on whether a key jailhouse informant may testify.

The distinction between Carlton Santiago and other informants who have testified so far is his relationship with the police.

Santiago told police that Rams talked to him about the murder of Shirley Reine in 2005.

Rams allegedly told Santiago that police would never find the gun because there were no fingerprints, that the murder was a favor for her stepson Todd Reine and that police had an emerald and diamond ring of his that he was hoping to get back. He also allegedly offered tips on how to shoot a gun without leaving evidence behind, such as spent shell casings.

But there's a catch.

During a hearing Friday out of the presence of the jury, Santiago gave conflicting testimony that could exclude him as a witness. The closed hearing was sought by defense attorney Timothy Flaherty to gather information about Santiago's role as an FBI and state police informant.

During the hearing, Santiago said he was approached by police in 2005 about the Shirley Reine murder investigation. The police wanted him to talk to Rams inside the Barnstable County Correctional Facility and gather information, Santiago said.

But Flaherty had a police report that told a different story. In that report, police said Santiago approached them.

The distinction is key, Flaherty said, in arguing that Santiago should not be allowed to testify. If police approached Santiago that would make him an agent of the government and would violate Rams' constitutional rights, Flaherty said.

Judge Robert Rufo is expected to rule today. Santiago has been ordered to appear again as a witness and Rufo has asked Flaherty and Cape and Islands First Assistant District Attorney Brian Glenny to file briefs on Santiago's status.

It's a key ruling because other jailhouse informants have been picked apart by Flaherty under cross-examination for giving contradictory testimony, leaving questions about their credibility and motives for testifying.

In a case that lacks physical evidence, Santiago appears to be a key piece of the complicated puzzle Glenny described in his opening statement to jurors.

After his initial contact with Rams in 2005, Santiago agreed to wear a wire on two occasions and record his conversations with him. It's unclear what, if any, admissions Rams made on those recordings.

At a continuation of the hearing later in the day Friday, Santiago acknowledged that state troopers interviewed him after an earlier break in the proceedings, asking him to clarify how he came to offer information about Rams.

"They said you might screw the whole thing up?" Flaherty asked him.

"Yes," Santiago said.

Back before the judge, Santiago's testimony again matched the police report.

The discrepancy happened, Santiago said, because Flaherty did not ask clarifying questions of him.

"I'm not confused," he said. "You have to ask your questions more specifically so I can answer."

State Trooper Mark Powell, who conducted Friday's interview of Santiago, testified that he was asked by the district attorney's office to talk to him.

"I was told to clarify and find out how Mr. Santiago came in contact with the Cape and Islands District Attorney's Office," Powell said.

Asked by Glenny if he told Santiago how to testify, Powell said, "Never."

Santiago said he has worked previously to get information for police — helping in a Lawrence murder case and in convicting gang members in a federal case. By providing information in those cases he received a reduction of more than eight years in his 15-year sentence for distribution of drugs. He said he received nothing in exchange for information in the Rams case.

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